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Llinda Posted 20 years ago
Legal Studies
help needed here
0 May anyone tell me what "otherwise than" thereinafter means? 05 0 02 br
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01 i 00 If thought expendient any such division may be 01 font 00 otherwise than 02 font 00 in accordance with the legal rights of the contributories and in particular any class may be given preferential or special rights or may be exluded altogether or in part;but in case any division otherwise than in accordance with the legal rights of the contributories shall be determined on any contributory who would be prejudiced thereby shall have a right to dissent and ancillary rights as if such determination were a Special Resolution passed pursuant to Section 237 of the Ordinance. 02 i 02 br
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00 Does it mean that those division is acceptable even if it's not in accordance with the legal rights of blablabla, or does it mean also acceptable in addition to the legal rights of blablabla, i.e. when legal rights do not cover the situation? 010id 1
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01 i 00 If thought expendient any such division may be 01 font 00 otherwise than 02 font 00 in accordance with the legal rights of the contributories and in particular any class may be given preferential or special rights or may be exluded altogether or in part;but in case any division otherwise than in accordance with the legal rights of the contributories shall be determined on any contributory who would be prejudiced thereby shall have a right to dissent and ancillary rights as if such determination were a Special Resolution passed pursuant to Section 237 of the Ordinance. 02 i 02 br
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00 Does it mean that those division is acceptable even if it's not in accordance with the legal rights of blablabla, or does it mean also acceptable in addition to the legal rights of blablabla, i.e. when legal rights do not cover the situation? 010id 1
Top answer
0 This is very poor and unclear legal drafting. I think they are trying to say that the division does not necessarily have to be according to the contributories' rights. Don't think I would like the clause if I was a contributory.
- 0 This is very poor and unclear legal drafting.
- I think they are trying to say that the division does not necessarily have to be according to the contributories' rights.
- Don't think I would like the clause if I was a contributory.
- 0-
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4 Answers
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0 This is very poor and unclear legal drafting. I think they are trying to say that the division does not necessarily have to be according to the contributories' rights. Don't think I would like the clause if I was a contributory. 0-
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0 Thank you very much. 05 0 00 It is drawn from a contract that somebody come to me calling for a translation, into Chinese. They are dealing with some Pakistani company, I think. Thank you again and your help is sincerely appreciated! 02 br
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00 BTW, shall we as much as possible avoid using "otherwise than" in legal English for its ambiguity? 010id 1
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00 BTW, shall we as much as possible avoid using "otherwise than" in legal English for its ambiguity? 010id 1
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0 I do not think that "otherwise than" is necessarily ambiguous. The following is I think plain: 02 br
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01 i 00 No fence shall be erected otherwise than in accordance with an approved specification. 02 i 02 br
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00 In legal drafting it is not necesarily the words used but how they are put together that determines how easy something is to underst
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01 i 00 No fence shall be erected otherwise than in accordance with an approved specification. 02 i 02 br
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00 In legal drafting it is not necesarily the words used but how they are put together that determines how easy something is to underst
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